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(영문) 서울중앙지방법원 2018.07.25 2018나11267
손해배상(국)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

The court's explanation of this case is based on No. 2-B of the judgment of the first instance.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that stated in the judgment of the court of first instance, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. According to the main sentence of Article 2(1) of the State Compensation Act, the Defendant is liable to compensate for damages suffered by the Plaintiff due to the police officer’s unlawful performance of official duties as above pursuant to the main sentence of Article 2(1) of the State Compensation Act, and the Plaintiff is deemed to have suffered mental suffering by the police officers belonging to the above Defendant. As such, the Defendant is obligated to pay consolation money for mental suffering suffered by the Plaintiff. The amount of consolation money is calculated for health, tort, the victim’s age, occupation, social status and living conditions, degree of suffering from damage, degree of negligence of the victim, etc. In addition to the circumstances of the victim, the Plaintiff’s intentional negligence by the perpetrator, motive and cause of harmful act, and the attitude of the perpetrator after illegal acts, and the Plaintiff’s investigation into the above facts and circumstances by the police officer on the date of arrest of the Defendant 20.

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